ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00012848

Complaint:

Date of Adjudication Hearing: 27/06/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

BACKGROUND.

The Complainant was employed with the Company from 15th September 2008. He was paid £9.65 an hour plus a weekly bonus. The Complainant was provided with a written statement of his Terms and Conditions of Employment, including the Employee Handbook and this was signed and dated by the Parties. The Complainant referred a complaint to the Workplace Relations Commission on 29th January 2018 alleging the Respondent had breached Section 5 of the Terms of Employment (Information) Act, 1994.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant stated that he commenced employment with the Respondent Company in September 2008. He stated he had been provided with a written statement of his terms and conditions of employment to include the employee Handbook, provided to the Hearing. The Complainant stated that he was employed in the Goods In/ Stores and Stock Control Department. He stated that he was moved to a different location in another Department – Pack House Department – in November 2017 and his complaint is that he was not notified in writing by the Respondent of this change. He stated that he wishes to transfer back to his original Department where he has worked for the last 9 years. He stated he did raise an internal grievance with the Respondent. There was a meeting with the Respondent on 18th January 2018 but his complaint was not upheld. He stated he was afforded a right of appeal but he did not do so but referred the issue to the WRC for adjudication.

SUMMARY OF RESPONDENT’S POSITION.

The Company sources, packs and distributes fresh fruit and vegetables from Ireland and around the world to Ireland’s retailers and food outlets. In August 2017 the Company became aware they had lost a portion of their business with a large retailers resulting in a 30% drop in turnover. As a result many agency staff were let go, and a number of employees were made redundant. Restructuring took place which was done to protect the core team of employees and as a result the goods in team reduced from 12 employees to three employees.

The Respondent stated that a movement of an employee from one area to another area does not constitute a breach of the Act as both Stores Operative and General Operative are similar and roles are interchangeable and the company policy of Flexibility and Interchangeability forms a long standing necessary part of the employment relationship and this is contained in a document signed by the Complainant when he received the Company Handbook. In addition the Complainant was involved in a series of meetings in relation to the restructuring at which the reasons for the change was explained to him.

FINDINGS AND CONCLUSIONS.

On the basis of the evidence, discussions and questioning at the Hearing I find as follows –

The Complainant was provided with a written statement of his Terms and Conditions of Employment, including the Employee Handbook which the Complainant signed and dated he had received in October 2010 and he acknowledged receipt of his Employment Contract dated 28th February 2014 encompassing the Employee Handbook on 11th March 2014.

Section 6.19 of the Employee Handbook - Flexibility and Interchangeability - provides as follows …..it is essential that there is complete interchangeability and flexibility among staff…..It is a condition of employment that flexibility is required……..to cooperate in any changes that may arise…….Staff Members will be moved between activities, including other departments, at the discretion of the Company……Where a person is moved they should not suffer any reduction in their hourly rate of pay……and at no time should any member of staff be under the impression that the job that they are carrying out is wholly or exclusively theirs

I find there was no change to the Complainant’s Terms and Conditions of Employment as the flexibility and transferability document forms part of the Complainant’s current Terms and Conditions of Employment.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

On the basis of the evidence, my findings above and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is not well founded.

Dated:   3rd October 2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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